Reference no: EM132350054

Need help to determine what are all the laws applied to this scenario

(All the conversation was over phonem & contract was tele-faxed)

1. Company-A (Supplier) : contacted Company-B (Buyer) for a Sale of ~1000 food-packets with 10% discount in price

2. Both parties agreed & signed the contract in Jan,2019

3. In March 2019, Company-B reached out to Company-A & stated they need more food packets (10,000 packets) with "Payment, shipping, and similar terms of conditions of sale as per Jan,2019 order"

4. Company-A --> immediatly sent the Contract with new price. This time price was more.

5. Company-B --> looked at contract & stated that its missing 10% discount (only 5% discount as given) & asked to honor that because Company-A did the same for previous order in Jan2019

6. Company-A --> said they cannot do it because they are already at lower price. Conversation ended here.

7. After few weeks Company-A reached out again to Company-B inquiring about the company's intentions about buying food-packets

8. Company-B --> replied that they returned back to old supplier because Company-A failed to give 10% discount

Company-A sued Company-B for not accepting the shipment & asked for damages, interest & fees etc

In my opinion there is no contract-breach because there was no contract for 2nd order between both companies because Company-B specifically asked for 10% discount which Company-A failed to provide.

'M wondering if Company-A can ask for Damages, costs of arbitration, including attorneys' fees?

It will be helpful if you ca nsuggest some similer case readings